Whenever in these terms of service reference is made to:
- I.1. the “Account” – it shall mean User’s account within the Application, assigned specifically to the User, accessed by filling in User’s user name and password within the Application;
- I.2. the “Agreement” – it shall mean any agreement between the User and the Provider concluded regarding the use of the Application, based on this Terms of Service;
- I.3. the “Application” – it shall mean the website and the application available at the address: www.webthrust.com, consisting inter alia of a website optimization application hosted and made available as a software-as-a-service;
- I.4. the “User Account Agreement” – it shall mean the Agreement between the User and the Provider regarding creation of the Account and access to services that the Account grants, including possibility of concluding of Specific Website Agreement;
- I.5. the “Charges” – it shall mean any and all charges due to the Provider in association with User’s access and use of the Application;
- I.6. the “Consumer” - consumer within the meaning of Polish Act of 23rd April 1964 – Civil Code (Journal of Laws of 2016, pos. 380 with later amendments) or any local applicable regulations, if the relevant consumer protection regulations stipulate that only local law may apply to relations between a consumer and an entrepreneur;
- I.7. the “Intellectual Property Rights” – it shall mean all forms of proprietary rights, titles, interests and ownership relating to patents, copyrights, trademarks, trade dresses, trade secrets, know-how, mask works, droit moral (moral rights) and all similar rights of every type that may exist now or in the future in any jurisdiction, including without limitation all applications and registrations therefore and rights to apply for any of the foregoing;
- I.8. the “Operation Data” – it shall mean data regarding the operations of the Application and User’s use thereof; the said data may include, in particular, when and how often the User uses the Application and particular features of the Application. It does not include personal data within the meaning of Polish Act of 29th August 1997 on personal data protection (Journal of Laws of 2015, pos. 2135 with later amendments);
- I.9. the “Professional User” – any user that is not considered Consumer under the particular applicable jurisdiction;
- I.10. the “Provider” – it shall mean Hurra Communications Spółka z ograniczoną odpowiedzialnością (address: Włóczków 7, 30-103, Kraków, Poland), registered in Polish register of entrepreneurs of the National Court Register under the number: 0000209381), e-mail address: firstname.lastname@example.org;
- I.11. the “Services” – the services provided by the Provider with relation to the Application, in particular access to the Application and access to Website Optimization Tools;
- I.12. the “Specific Website Agreement” – it shall mean agreement between the User and the Provider concluded by adding a specific Website to list of Websites for which the Website Optimization Tools may be used;
- I.13. the “Terms of Service” – it shall mean the present terms of service;
- I.14. the “User” – it shall mean an entity, by or for whom or which the Application is or may be accessed in accordance with the Terms of Service and with the legal regulations in force or with whom or which an agreement on provision of the services consisting in the Application may be concluded.
- I.15. the “Website” – it shall mean a collection of webpages identified by a common domain name, in particular those for which the User uses the Application to optimize them;
- I.16. the “Website Optimization Tools” – functionalities of the Application allowing in particular easier modification of some of the properties of a Website or selected web pages of the Website.
II. CONFORMITY WITH THE LAW
- II.1. For purposes of the Professional Users, these Terms of Service shall be governed by and construed in accordance with the law of the Republic of Poland.
- II.2. These Terms of Service constitute the rules of rendering electronic services within the meaning of Polish Act of 18th July 2002 on rendering electronic services (Journal of Laws of 2013, pos. 1422 with later amendments).
- III.1. The Application may be accessed through logging-in to the User’s Account after the Account is registered.
- III.2. The Provider may provide an option of a “free tour” or “demonstration account”, e.g. possibility to become acquainted with the Application without creating the Account, but without possibility to actually use any of the Services.
- III.3. When the User creates an Account, he must provide the Provider with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Service.
- III.4. In order to register the Account, the User has to:
- III.4.1. fill in the registration form available within the Application, under the website: https://webthrust.com, by:
- III.4.1.1. entering first name and last name of the User,
- III.4.1.2. entering e-mail address for purposes of operating the Account,
- III.4.1.3. creating and entering a password consisting of no less than 8 characters, including no less than 2 numerals and one capital letter,
- III.4.2. confirm his e-mail address by entering a website having an address indicated in an e-mail sent automatically after filling in the registration form;
- III.4.3. declare that the User is of age (i.e. old enough to legally enter into an agreement) according to the jurisdiction applicable to the user;
- III.4.4. accept the Terms of Service;
- III.4.5. accept that the User’s personal data will be processed for purposes of providing of the Services.
- III.4.1. fill in the registration form available within the Application, under the website: https://webthrust.com, by:
- III.5. User Account Agreement is concluded upon the registration of the Account. User Account Agreement is concluded for indefinite period of time, subject to section 8.2.
- IV.1. Provision of any illegal content (or of a content infringing on at least one of the following: personal rights, financial copyrights, applicable social norms, principles of social coexistence in the Internet) by the User is forbidden.
- IV.2. The User agrees not to, not to attempt to, nor allow any third party to:
- IV.2.1. copy, distribute, lend, license, sublicense, sell, resell, time share, lease or transfer the Application or otherwise commercially exploit or make the Application available to any third party;
- IV.2.2. decipher, decompile, reverse engineer or disassemble the Application or otherwise attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Application;
- IV.2.3. adapt, modify or hack the Application or otherwise attempt to gain unauthorized access to the Application or related systems or networks;
- IV.2.4. create derivative works based on the Application;
- IV.2.5. modify, remove or obscure any copyright, trademark, patent or other notices or legends that appear in the Application or during the use and operation thereof;
- IV.2.6. falsely imply any association or sponsorship with the Provider;
- IV.2.7. publicly disseminate performance information or analysis (including benchmarks) relating to the Application;
- IV.2.8. utilize any software or technology designed to circumvent any license keys or copy protection used in connection with the Application;
- IV.2.9. use the Application in any unlawful manner, including, but not limited to, violation of any person’s privacy rights;
- IV.2.10. use the Application in any manner that interferes with or disrupts the integrity or performance of the Application and its components;
- IV.2.11. use the Application to knowingly post, send, transmit, upload, promote, link to or store any viruses, malware, Trojan horses, time bombs or any other similar harmful software;
- IV.2.12. use the Application to knowingly post, send, transmit, upload, promote, link to or store any content that is unlawful, racist, hateful, abusive, libelous, obscene or discriminatory;
- IV.2.13. use the Application to develop a competitive Application or product offering.
- IV.3. The User may not use any automated means, including agents, robots, scripts or spiders, to access or manage the Application, except solely to the extent as may be specifically enabled and authorized by the Provider.
- IV.4. User’s access to or use of the Application may be suspended or terminated by the Provider if:
- IV.4.1. such action is necessary to ensure the safety of the system or the network which is used by the Application; or
- IV.4.2. the User breaks the Terms of Service;
- IV.4.3. the User gained access to the Application in an unauthorised manner;
- IV.5. The User is responsible for safeguarding the password that he uses to access the Application and for any activities or actions under User’s password. The User agrees not to disclose his password to any third party. The User is obliged to notify the Provider immediately upon becoming aware of any breach of security or unauthorized use of User’s Account. The Provider informs the User that if an unauthorised person uses the password, such person may make changes on one or more of the Websites which may result in negative consequences to the User (e.g. loss of attractiveness of the website, accusations of misleading advertisement, libel, vulgarity or obscenity).
- IV.6. The Provider is not obliged to provide the User with any advice or training with respect to the use of the Application.
- IV.7. The User is responsible for compliance with the provisions of these Terms of Service by any and all persons using the Application under User’s Account. The User is responsible for any actions that any person that the User grants access to his Account conduct using the Account.
- IV.8. The Application allows, among others, easier modification of specific elements of the Website. The User acknowledges that the Applications is a tool that may be used for those purposes, but the Application:
- IV.8.1. does not conduct any automated modification of the Website, in particular of the source code of the Website,
- IV.8.2. does not verify whether any modification made with the Application are beneficial for the Website (its position in search engines, its attractiveness to the users of search engines or users on the Website),
- IV.8.3. does not verify if any actions conducted using the Application comply with any kind of regulations used by any entity operating a search engine,
The User also acknowledges that breaching such regulations as mentioned in 4.8.3 may cause any kind of penalties imposed by the entity operating the search engine, for which the Provider is not responsible.
- IV.9. The scope of the functionalities and their specific properties may change through time. Their description is available for the User upon logging into the Account.
- IV.10. The Provider may publish suggestions for the User on how to use the Application, e.g. how to modify particular parts of the Websites. Such suggestions, however, are not an element of the Services of the Provider and are not binding. They may be based on Provider’s general experience in the electronic marketing. The User should take into consideration such factors as, specific characteristics of the particular market and the target group of the Website.
- IV.11. To use the Application with regard to a particular Website, the User must be able to access the source code of the Website and to modify it by inserting a region of code (a “snippet”) created by the Application after the Specific Website Agreement is concluded. The User hereby acknowledges that without such ability, the User will not be able to use the Website Optimization Tools.
- IV.12. The User shall only insert the region of code mentioned in section 4.11 to websites (webpages) to the source code of which the User has a legal access and is allowed to modify it. Should in any situation the User lose such right (e.g. after the rights to the Website are transferred to a third Party), the User shall not use the Application to modify such Website or any of its webpages without a prior consent of the entity that is entitled to the Website at the moment. In particular, the Application may not be used for malicious acts, unfair competition, disregarding whether such action are deemed as illegal in a particular applicable jurisdiction. Failure to comply with those provisions shall be considered gross breach of the Terms and Conditions.
- IV.13. The stipulation of 4.11 does not prohibit using of the Application by a User that does not hold rights to the particular Website, as long as the entity that holds such rights provided the User with access to the source code of the Website for purposes of marketing optimization or management. It is recommended for, in particular, professional providers of SEO services to inform owners of the Websites that the snippet allowing usage of the Application is inserted to their Website.
- IV.14. Inserting of the region of code (“snippet”) into the source code of the Website (or any of the elements of the Website) is conducted by the Users on their own.
- IV.15. While the User chooses the Website for which the Specific Website Agreement is concluded, particular web pages of this Website for which the User will be able to use the Website Optimization Tools may be selected by an algorithm of the Application and not by the User. The Specific Website Agreement, depending on the chosen pricing model, may limit the number of those web pages (specific URLs). The Specific Website Agreement may also limit the number of web pages of the Website to which the Website Optimization Tools may be used at the same time, simultaneously.
- IV.16. Should, for any reason, the Application become unavailable or stop to operate, the Websites modified using the Application will remain to be available, however any changes conducted due to using the Application will not be active and the Website will return to the default look, resulting in particular from its source code.
- IV.17. The User accept that the User’s personal data will be processed for purposes of providing of the Services
V. PRICING POLICY
- V.1. Depending on the chosen pricing option and current pricing policy of the Provider, entering into the Specific Website Agreement may depend on the due payment being made.
- V.2. The invoices issued by the Provider with respect to the Application shall be issued in an electronic form only and made available to the User, unless it is otherwise agreed by the User and the Provider.
- V.3. Pricing policy, including particular pricing models and option may be changed by the Provider from time to time. However, prices for already concluded Specific Website Agreements will not be changed.
VI. INTELLECTUAL PROPERTY RIGHTS
- VI.1. The Provider owns all the Intellectual Property Rights in and to the Application (including without limitation all underlying source code, algorithms and models). Nothing herein shall be construed to transfer any rights, title or ownership of the Application or any Provider’s software, technology, materials or know-how. The Application is made available in a software-as-a-service model.
VII. SPECIFIC WEBSITE AGREEMENT
- VII.1. Within the Application the User may add specific Websites to the list on the User’s Account.
- VII.2. If the Website is added to the list in the User’s Account, the User may conclude Specific Website Agreement regarding the particular Website.
- VII.3. The Provider may provide a choice of different pricing options with regard to the Specific Website Agreement.
- VII.4. Entering into the Specific Website Agreement is concluded by using the relevant features of the Application:
- VII.4.1. by clicking on the button related to the particular Website,
- VII.4.2. choosing of the pricing option (if available),
- VII.4.3. accepting the price,
- VII.4.4. conducting successful transfer of funds to the Provider with the method available in the Application.
- VII.5. Specific Website Agreement is concluded for the period of one month each time.
- VII.6. The Website Optimization Tools will be available for the particular Website after the Specific Website Agreement is concluded.
- VII.7. The Application will send the User an automatic e-mail confirming that the Specific Website Agreement has been concluded.
VIII. TERMINATION OF AGREEMENTS / DELETING OF THE ACCOUNT
- VIII.1. Subject to further provision of this Terms of Service, the User Account Agreement may be terminated in accordance with the legal provisions, as well as – within the scope permitted by law – by each party at any time through cessation of making the Application accessible (by the Provider) or through cessation of using the Application (by the User).
- VIII.2. If the User has already entered into one or more Specific Website Agreements, the User Account Agreement, the User may terminate this Agreement not sooner than when the last of the Specific Website Agreements expires, subject to section 11.9.
IX. COMPLAINT PROCEDURE
- IX.1. In the event the User finds any malfunctions or errors of the Application which constitute infringement of these Terms of Service attributable to the Provider, the User may file a complaint via e-mail sent to: email@example.com or in writing by sending a letter to the address indicated in point 1.10.
- IX.2. The complaints referred to in point 9.1. shall be dealt with by the Provider within a reasonable time.
- IX.3. As soon as the Provider’s decision upon the complaint is made, the User shall be informed by the Provider on acceptance of the complaint or that the complaint is without merit in Provider’s opinion.
- IX.4. Complaint should include:
- IX.4.1. indication of the User making the complaint and the e-mail address used for the Account (the Users should never sent their passwords);
- IX.4.2. indication of the functionality of the Application that the Complaints regards i description of the malfunction.
- IX.5. During the Complaint procedure, the Provider may ask the User for additional explanation, information or verification of the course of the situation than caused the complaint.
- IX.6. The Provider reserves the right to modify, add or delete any documents, information, templates, sites or other content appearing on or in connection with the Application, including these Terms of Service, at any time without prior notice of the Professional User.
- IX.7. Specific regulations regarding Complaints made by Consumers are stipulated in section XI.
X. PROVISIONS REGARDING PROFESSIONAL USERS
The Provisions of this section X apply only to Professional Users.
- X.1. The Provider indicates that the Application is provided on an “as is” and “as available” basis with no representations or warranties of any kind.
- X.2. The Application is moreover provided without warranty of any kind, express or implied, including but not limited to the warranties of availability (also future availability), accessibility (i.e. Provider does not guarantee that the Application will be accessible from each operating system or electronic device), merchantability, fitness for a particular purpose and noninfringement. In no event shall the Provider be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the use of the Application or the use or other dealings in the Application.
- X.3. The Professional User is not entitled to any refund of any amount already paid Services, in particular if such User decides to terminate the Specific Website Agreement (the provision herein cannot be interpreted as stipulation of the right to terminate the Specific Website Agreement) or if such User decides to delete their Account.
- X.4. The Provider shall not be liable to the User in connection with any actions or omissions performed by the User in connection with the use of the Application (e.g. incorrect data provided by the User).
- X.6. The Provider shall issue invoices accordingly to the relevant regulations of the Provider’s jurisdiction. If a Professional User requires any additional data on the invoice, they may contact the Provider by e-mail: firstname.lastname@example.org.
- X.7. Any breach of this Terms of Service by a Professional User may result in immediate termination of the User Account Agreement together with all Specific Website Agreements and deletion of the Account.
XI. PROVISIONS REGARDING CONSUMERS
The Provisions of this section XI apply only to Consumers.
- XI.1. The Consumer is allowed to withdraw from the User Account Agreement within 14 days after it is concluded.
- XI.2. The Consumer is allowed to withdraw from any separate Specific Website Agreement within 14 days after it is concluded.
- XI.3. The right of withdrawal indicated in sections 11.1 and 11.2 shall not apply to the Service already performed if the performance of the Service begun with the Consumer’s prior consent. By accepting this Terms and Conditions the Consumer hereby acknowledges that once the Service is fully performed the Consumer loses their right of withdrawal.
- XI.4. The Application may require additional confirmation of acknowledgement of the regulations stipulated in section 11.3 for the Service to begin immediately. Otherwise the Service may not be available for the Consumer before the 14 day period indicated in 11.1 ends.
- XI.5. After the Consumer executes the right of withdrawal, each party to the Agreement (the Provider and the Consumer) shall return to the other party whatever has already been received according to the Agreement.
- XI.6. The Consumer may execute his right of withdrawal by:
- XI.6.1. sending an e-mail to the address: email@example.com, or
- XI.6.2. sending a letter to the address: Włóczków 7, 30-103, Kraków, Poland.
- XI.7. The Consumer may (but is not required to) use specimen declaration of Execution of right of withdrawal, that may be found and downloaded here and that is sent to the Consumer together with an e-mail confirming concluding any of the Agreements.
- XI.8. To meet the deadline for execution of the right of withdrawal indicated in 11.6 it is enough to send the letter with declaration of execution of the right of withdrawal within this deadline.
- XI.9. As it is technically impossible to use the Application without the Account, withdrawal from the User Account Agreement is deemed as withdrawal from all the Specific Website Agreements already concluded.
- XI.10. The fact that provisions of Section X do not apply to the Consumers, shall not be interpreted so that opposite norms apply to Consumers (the provisions of Section X cannot be in the context of Consumers interpreted a contrario). For the purposes of interpreting the relations between the Provider and the Consumer, the provisions of Section X shall be deemed non-existent.
- XI.11. Complaints shall be resolved immediately, but not later than 30 days after they are filed.
- XI.12. After the Complaint procedure stipulated in this Terms of Service is finished, the Consumer may file the case to the relevant court to pursue their claims. The Consumer may also use one of the available out-of-court complaint and redress mechanisms, including mediation and conciliation court. In the Republic of Poland such courts are run by the relevant unit of Trade Inspection (Inspekcja Handlowa). Also, local Commissioners for Consumer Rights (Rzecznicy Praw Konsumentów), relevant for particular city or county (powiat) may provide information and help to the Consumer. Specific information about availability of the out-of-court procedures may be available in offices of the relevant authorities (city and county Commissioners for Consumer Rights, Regional Trade Inspection Inspectorates) or on their websites and on the website of Polish Office of Competition and Consumer Protection (www.uokik.org). For other countries and jurisdictions the local authorities or organisations may provide and help and out-of-courts dispute resolution procedures for Consumers.
- XI.13. Notwithstanding the information indicated in section 11.12, the Provided reserves his right not to agree for any kind of out-of-court or mediation procedures, unless those are or become obligatory.
- XI.14. The Provider informs the Consumers about ODR (on-line dispute resolution) platform that functions under the address: http://ec.europa.eu/consumers/odr. This platform may be used to settle disputes between consumers and entrepreneurs.
- XI.15. The Provider is liable to Consumers for proper execution of the Agreements, as stipulated in any obligatory applicable regulations.
- XI.16. The Provider is not bound by any additional, non-obligatory codes of good practices, guidelines or other similar documents. Still, even according to the obligatory regulations, it is prohibited for the Provider to breach rules of fair competition and to commit unfair commercial practices.
- XI.17. At times when there is possibility to choose a free pricing option (to enter into Specific Website Agreement for free), the Provider recommends the Consumers to first try to use such option to become familiar with the functionalities of the Application.
- XI.18. If the Specific Website Agreement concluded by a Consumer is terminated, the Consumer shall receive refund of the money paid, proportional to the time by which the period of the Agreement was shortened.
XII. HARDWARE & COOKIES
- XII.1. In order to fulfil the legal requirements, the Provider hereby informs that:
- XII.1.1. usage of the electronic services, in particular of the Application, by means of the Internet, involves certain risks. The main one is the possibility of infecting the ICT system by viruses, malware and Trojan horses. In order to avoid the threats associated with them, it is recommended that the Users installed anti-virus software on their devices and ensure updating this software;
- XII.2. For proper operation of the Application, User’s computer system should meet the following requirements:
- XII.2.1. have access to the Internet;
- XII.2.2. have an installed web browser in the newest version provided by the producer;
- XII.2.3. the web browser must support Java Script and cookies;
- XII.2.4. have minimal screen resolution of 1024x768, although recommended resolution is 1280x800;
- XII.3. The User is solely responsible for installing, purchasing and configuring all hardware and software necessary for User’s access to and use of the Application.
XIII. OPERATION DATA
- XIII.1. The Provider informs, and the User acknowledges, that the Provider shall collect the Operation Data.
XIV. FINAL PROVISIONS
- XIV.1. The illegality, invalidity or unenforceability of any provision of these Terms of Service shall not affect the legality, validity and enforceability of any other provisions hereof.
- XIV.2. If any provisions of this Terms of Service expressly state that particular actions or omission constitutes breach or gross breach of the Terms of Service, it does not mean that failure to comply with any other provisions does not constitute such breach.
- XIV.3. Unless the absolutely binding provisions of applicable law state otherwise, Polish state court having territorial jurisdiction over the address: Rynek Główny 1, Kraków, shall be competent to resolve any and all disputes that may arise in relation to these Terms of Service. This provision does not apply to the Consumers.
- XIV.4. The Provider’s failure to enforce any provision of this Terms of Service shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. Any waiver by the Provider of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.